Allahabad High Court
Sarita Singh Dav vs Sri Madhusudan Nagraj Hulgi S.D.M. ... on 24 July, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- CONTEMPT No. - 3130 of 2018 Applicant :- Sarita Singh Dav Opposite Party :- Sri Madhusudan Nagraj Hulgi S.D.M. Sadar Faizabad Counsel for Applicant :- Shiv Ganesh Singh,Anuj Pandey Hon'ble Dinesh Kumar Singh,J.
1. Heard Mr. Anand Yadav, Advocate, holding brief of Mr. Shiv Ganesh Singh, learned counsel for the petitioner, and Mr. Amit Mishra, learned Standing Counsel for the contemnor-respondent.
2. This Court, while disposing of Petition U/S 482 CrPC No.6401 of 2018 on 10th October, 2018, inter alia, passed the following order:-
"2. Learned Sub-Divisional Magistrate has closed the proceedings under Section 145(1) Cr.P.C. vide order dated 24th August, 2018 in respect of the land in dispute. However, no order has been passed for release of the land, which was attached by the order dated 21st March, 2013 passed under Section 164(1) Cr.P.C.
3. Learned counsel for the petitioner submits that the petitioner has already moved an application on 19th September, 2018 for release of the land in view of closure of the proceedings under Section 145(1) Cr.P.C. However, no order for release of land of the petitioner has been passed.
4. Considering the aforesaid aspect, learned Sub-Divisional Magistrate, Sadar, District Faizabad is directed to pass an appropriate order in accordance with law on the application of the petitioner dated 19th September, 2018 for release of her land which was attached vide order dated 21st March, 2013 within a period of four weeks from the date certified copy of this order is produced.
5. With the aforesaid observations/directions, the petition stands disposed of."
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3. In compliance of the aforesaid order and pursuant to issuance of contempt notice, an affidavit of Mr. Madhusudan Nagraj Hulgi, Sub-Divisional Magistrate, Faizabad has been filed, placing on record as Annexure CA-1 copy of order dated 5th February, 2019 passed in the proceedings under Section 145/146 CrPC. It has been said that a civil dispute is pending between the parties and, therefore, there was no occasion for the learned Magistrate to continue with the proceedings under Section 145 CrPC and proceedings have been closed on 24.08.2018 and, therefore, any attachment has also gone.
4. Thus, once the proceedings under Section 145(1) CrPC have been closed, there is no occasion for the Magistrate to decide the application for removing the attachment inasmuch as the attachment order would have lapsed.
5. In view of the aforesaid position and since the proceedings under Section 145(1) CrPC have been closed vide order dated 24.08.2018, attachment does not exist. This contempt petition has lost its efficacy and, hence, is dismissed as having been rendered infructuous.
[Dinesh Kumar Singh,J.] Order Date :- 24.7.2019 MVS/-